G-992 - 02/12/2013 - WATER - Ordinances Supporting DocumentsITEM G.F.G)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
February 12, 2013
SUBJECT: Groundwater Ordinance
FROM: Michael Hullihan P.E. Village Engineer
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve ORDINANCE
G -992 LIMITED AREA GROUNDWATER ORDINANCE PROHIBITING THE USE OF
GROUNDWATER AS A POTABLE WATER SUPPLY
Background/History:
The property at the Northwest corner of IL -83 and 22 "d Street is the site an underground fuel
transmission line. In the past, soil was contaminated at the site from repairs to a buried
petroleum product transmission line. While remediation efforts have taken place, there is
sufficient residual contamination to present a hazard if the groundwater from this site should be
used for human consumption. Under regulations promulgated by the U.S. Environmental
Protection Agency (USEPA) and administered by the Illinois Environmental Protection Agency
(IEPA) a tiered approach to corrective action (TACO) is recognized as an effective method of
regulating required remediation. One method of reducing the remediation is statutory control by
the municipality to insure that contamination does not endanger the public. The attached
ordinance serves as such a statutory control.
Recommendation:
I recommend approval of the attached ordinance.
Uv�
ORDINANCE 2013 -WA- WELL -EX -G -992
AN ORDINANCE AMENDING SECTION 5 (PROHIBITED ACTS OR CONDITIONS)
OF CHAPTER 2 (VILLAGE WATER SYSTEM) OF TITLE 8 (PUBLIC WORKS)
OF THE VILLAGE CODE TO PROHIBIT THE USE OF GROUNDWATER
AS A POTABLE WATER SUPPLY IN DESIGNATED AREAS
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, Title 8 (Public Works), Chapter 2 (Village Water System), Section 5 (Prohibited Acts
or Conditions) of the Village Code of the Village of Oak Brook, Illinois ( "Village Code") prohibits certain
activities relating to the Village water system; and
WHEREAS, certain properties in the Village have been used over a period of time for commercial
or industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater located within certain areas of the Village may exceed Class 1 groundwater quality standards
for potable resource groundwater, as set forth in 35 Illinois Administrative Code 620, or Tier I remediation
objectives, as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the Village of Oak Brook desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of the properties that
are the source of said chemical constituents; and
WHEREAS, on April 13, 2010, the President and Board of Trustees adopted Ordinance 2010 -
PW -WA -S -1282 ( "2010 Ordinance"), which prohibited the use of, or attempted use, as a potable water
supply, groundwater ( "Potable Water Restriction ") located within that certain property commonly known
as 2210 West 22nd Street ( "22ntl Street Property') and adjacent properties within a five- hundred - seventy-
five foot radius of the 22nd Street Property; and
WHEREAS, the Illinois Environmental Protection Agency (" /EPA ") requested that the Village
expand the area adjacent to the 22nd Street Property subject to the Potable Water Restriction; and
WHEREAS, in accordance with the request of the IEPA, on October 11, 2011, the President and
Board of Trustees adopted Ordinance 2011 -WA- WELL -EXI -S -1322 ( "2011 Ordinance "), which imposed
the Potable Water Restriction on groundwater located within the 22nd Street Property and adjacent
properties, as depicted in Exhibit A attached hereto and incorporated herein; and
WHEREAS, all of the properties subject to the Potable Water Restriction in the 2010 Ordinance
also are subject to the Potable Water Restriction in the 2011 Ordinance; and
WHEREAS, the Village desires to repeal the 2010 Ordinance to eliminate redundancy with the
2011 Ordinance; and
WHEREAS, the Village also desires to codify the Potable Water Restriction imposed by the 2011
Ordinance in Title 8, Chapter 2, Section 5 of the Village Code; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to impose the Potable Water
Restriction on groundwater located within that certain property commonly known as 1 Oak Brook Center
and the adjoining Kingery Highway (Route 83) right -of -way, as depicted in Exhibit B attached hereto and
Ordinance 2013 -WA- WELL -EX -G -992
Amending Village Code to Prohibit Use of Groundwater
as Potable Water Supply
Page 2 of 6
incorporated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 8 -2 -5 of the Village Code. Section 5, entitled "Prohibited
Acts or Conditions," of Chapter 2, entitled "Village Water System," of Title 8, entitled "Public Works," of
the Village Code shall be amended further, and shall read as follows:
"8 -2 -5: PROHIBITED ACTS OR CONDITIONS:
A. Tampering With Water System: It shall be unlawful for any person, or other entity not
authorized by the Village, to connect to, tamper with, alter, operate or injure any part
of the Village water system, or any water meter or to introduce any substance into
any water pipes, lines or mains connected to or forming a part of the system without
written approval of the Village.
B. Resale Of Water: No water from the Village water system shall be resold or
distributed by any purchaser to any other premises other than that for which
application has been made and approved except in case of an emergency and with
the approval of the Public Works Director.
C. Private Well Connections Prohibited: No connection between the Village water
system and a private water well shall be permitted and it shall be unlawful to make or
continue any such connection.
p. Use of Groundwater as Potable Water Supply Prohibitted: The use of or
Text additions are bold and double - underlined.
Ordinance 2013 -WA- WELL -EX -G -992
Amending Village Code to Prohibft Use of Groundwater
as Potable Water Supply
Page 3 of 6
Section 3: Repealer. Ordinances 2010- PW -WA -S -1282 and 2011 -WA- WELL -EX1 -S -1322
are hereby repealed in their entirety.
Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 5: Effective date. This ordinance shall be in full force and effect from and after its
passage, approval, and publication as required by law.
APPROVED THIS 12th day of February, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of February, 2013.
ATTEST:
Charlotte K. Pruss
Village Clerk
Text additions are bold and double - underlined.
Ordinance 2018 -WA- WELL -EX -G -992
Amending Village Code to Prohibit Use of Groundwater
as Potable Water Supply
Page 4 of 6
EXHIBIT A
Map of 22ntl Street Property and Adjacent Properties
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Ordinance 2013-WA-WELL-EX-G-992
Amending Village Code to Prohibit Use of Groundwater
as Potable Water Supply
Page 6 of 6
EXHIBIT B
Map of 7 Oak Brook Center and the Adjoining Kingery Highway Right -Of -Way